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1 GENERAL
1.1 The Affiliate Programme and the Boots URLs are provided by Boots Digital Health Limited, a company incorporated in England and Wales (company number 12561320), whose registered office is at 1 Thane Road West, Nottingham, England, NG2 3AA (“Boots” or “us”).
1.2 References in these terms and conditions to:
1.2.1 "Affiliate”, or "you" or "your" means the participants in the Affiliate Programme, who have been approved by Boots to put in place an Affiliate Link to facilitate the generation of leads and transactions for Boots.
1.2.2 “Affiliate Programme” means the programme and network through which Affiliates will market Boots or its products;
1.2.3 “Affiliate Link” means a hyperlink from an Affiliate Website to a Boots URL;
1.2.4 “Awin” means Awin Ltd, a company registered in England & Wales (Company number 04010229) whose registered office is at 4th Floor 2 Thomas More Square, London, England, E1W 1YN.
1.2.5 “Boots Brands” means “Boots”, “Boots Online Doctor”, “no7 Beauty”, “no7 Mediterranean”, “Botanics”, “Natural Collection”, “Soltan”, “Shapers”, “Boots the Chemist”, and any other Walgreens Boots Alliance brand of which Boots may notify Affiliates from time to time;
1.2.6 “Boots Companies”, each a “Boots Company”, shall mean Boots and its Group Companies;
1.2.7 “Boots Products” means a product, service or equivalent offered for sale by Boots on any Boots URL;
1.2.8 “Boots Trademarks” means all trademarks belonging to The Boots Company PLC, Boots UK Limited or the Boots Companies including, without limitation, the trade marks “Boots”, “Boots Online Doctor”, “boots.com”, “17”, “No7 Mediterranean, Botanics”, “Natural Collection”, “Soltan”, “Shapers” and “Boots the Chemist”;
1.2.9 “Boots URLs” means the websites owned by any of the Boots Companies and accessible at https://onlinedoctor.boots.com or www.boots.com;
1.2.10 “Group Company” means any holding company or subsidiary of Boots or any of their holding companies. A company is a "subsidiary" of another company, its "holding company", if that other company (i) holds a majority of the voting rights in it, or (ii) is a member of it and has the right to appoint or remove a majority of its board of directors, (iii) or is a member of it and controls alone, pursuant to an agreement with other members, a majority of the voting rights in it;
1.3 The Boots Companies are owners or licensees of all intellectual property rights in the Boots URLs and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
1.4 The trademarks, logos and trade names displayed on the Boots URLs ("Marks") are the property of the Boots Companies, or other third parties. You are not permitted to download, copy, modify or use the Marks without the prior written consent of Boots or the consent of such third party who may own the Marks. (See also the section below on Trade Marks.)
1.5 The Boots Companies and their suppliers own the intellectual property rights in the software that runs the Boots URLs. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without Boots’ prior written consent.
1.6 You must not post or provide to Boots via this Affiliate Programme, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to Boots, or link to a Boots URL, via the Affiliate Programme or an Affiliate Link. You must not misuse the Boots URLs by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorized access to the Boots URLs. In the event of a breach by you of this clause 1.6, your right to participate in the Affiliate Programme will cease immediately and you will indemnify the Boots Companies for any loss or damage the Boots Companies suffer as a result of your breach
1.7 You may only set up an Affiliate Link with the prior written consent of Boots, which may be requested by email to uk-boots@awin.com and is subject to the following terms and conditions:
1.7.1 you must not
a) replicate the Boots URLs;
b) create a frame or any other browser or border environment around the Boots URLs;
c) use, set up, establish or bid for any domain name that includes reference to a Boots Brand or includes a Boots Trademark or anything similar to a Boots Trademark or Boots Brand (including misspellings).
d) in any way imply that Boots is endorsing any products or services other than its own;
e) use, set up, establish any domain name that would mislead the consumer to believe that the website is associated with Boots, for example, www.[bootsdomain].com. For the avoidance of doubt, you are permitted to use www.[domain].com/boots; however, this must not be used as a display URL within listings on paid-for-performance search engines (for example, Google.com), or in an e-mail address.
f) use www.boots.com as the display URL in Google, or any other paid performance website or generally mislead the consumer into believing any advertisement is from the official www.boots.com web site. For the avoidance of doubt, this applies to and includes all paid performance keywords.
g) remove, distort or otherwise alter the size or appearance of the logo of a Boots Brand or any other Boots Trademarks;
h) misrepresent your relationship with Boots nor present any other false information about Boots;
i) use or display anywhere (including but not limited to on your website) any trade marks or logos or any trading name of Boots without express prior written permission from Boots;
j) link (including via Affiliate Link) from a website that is not owned by you;
k) send any unsolicited email to any person either under or in connection with any Affiliate Programme. Should you wish to send out a “solus” Boots.com email please contact your Boots representative at uk-boots@awin.com for approval.
1.7.2 you may only link to the Boots URLs in a way that is fair and does not damage Boots’ reputation or take advantage of it.
1.7.3 you must obtain prior written approval from Boots before taking/scrapping any content from the Boots URLs.
1.7.4 any website of yours (whether or not such website contains a link to Boots URLs) must not contain or endorse any content that:
a) contravenes any applicable laws or contravene any person's legal rights or promotes, advocates or assists any illegal activity;
b) is indecent or obscene, contains any sexually explicit material or promotes or refers to sexual activity;
c) is abusive, offensive, hateful, threatening or inflammatory, is disrespectful of other people’s privacy and is likely to harass, upset, embarrass, alarm, deceive, inconvenience or annoy anyone;
d) promotes violence or gambling;
e) promotes any form of ‘buy now and pay later’ or other lending/credit related services;
f) is used to impersonate anyone or to misrepresent identity or affiliation with any person or organisation;
g) is libellous or defamatory;
h) relates to cryptocurrencies;
i) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
j) infringes any copyright, database right or trademark of any person;
and must not in any other way be indecent or inappropriate or incompatible with Boots’ reputation; and
1.7.5 you will comply with any direction that we may give in relation to the link to the Boots URLs and/or to the use or display of the Boots Trademarks, trading names, and logos.
1.7.6 In promoting the Boots Products, the Affiliate Links or in carrying out any other activity connected with the Affiliate Programme you must at all times comply with all Applicable Laws, including but not limited to:-
a) the Human Medicines Regulations 2012;
b) the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing as published and updated by the Advertising Standards Authority from time to time;
c) ‘The Blue Guide – Advertising and Promotion of Medicines in the UK’ as published and updated by the Medicines and Healthcare products Regulatory Agency from time to time; and
d) Any other relevant instructions, codes or guidance issued by the Advertising Standards Authority, Medicines and Healthcare products Regulatory Agency, Department of Health and Social Care or other government department from time to time.
1.7.7 you must not:-
a) make misleading claims about any Boots Products;
b) suggest a Boots Product has no side-effects or that its effects are guaranteed;
c) imply that seeing a doctor or pharmacist is not necessary;
d) quote recommendations by scientists, healthcare professionals or celebrities;
e) suggest a Boots Product is different from, the same as or better than any other named product;
f) claim a Boots Product’s safety or effectiveness is due to the fact it is natural
g) state that normal health can be improved by taking a Boots Product or be affected by not taking a Boots Product; or
h) direct your advertising at children (under-16s).
1.7.8 you warrant and undertake that you will at all times promote the Boots Products, the Affiliate Links and carry out any other activity connected with the Affiliate Programme using all reasonable skill, care, diligence and utilising standards, practices, methods and procedures and which would reasonably be expected of an experienced leading provider of such services in the relevant industry.
1.8 Boots expressly reserves the right to revoke consent and/or the rights granted in clause 1.7 for you to link to the Boots URLs websites at any time at Boots’ discretion and without notice and to require you to immediately remove from your website any links to the Boots URLs (including Affiliate Links), Boots trading names, Boots Trademarks and Boots logos and, if any provisions of clause 1.7 have been breached, to take any action Boots deems appropriate against you.
1.9 You shall fully indemnify each of the Boots Companies for any breach by you of clause 1.7.
1.10 Except to the extent required in order to use the Boots URLs in accordance with these terms and conditions, you may not copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of the Boots URLs or systematically extract material from the Boots URLs or any document available through them, create any derivative works from them or in any other way exploit commercially all or any part of the Boots URLs or any document available through them without Boots’ prior written consent.
1.11 Boots reserves the right to vary or amend these terms and conditions from time to time. Any changes shall take effect upon reasonable notice to you (which may be given by Boots or Awin by any reasonable method of notification including but not limited to email, post, or notification via the Awin online platform or website).
1.12 Any dispute arising between you and us, or you and a Boots Company in relation to these Terms and Conditions shall be governed by English law, and the courts of England and Wales will have exclusive jurisdiction for the purposes of any such dispute.
1.13 If any of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
1.13.1 the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or
1.13.2 the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.
1.14 Each Boots Company may enforce any clause of these Terms and Conditions. No other person who is not a party to these Terms and Conditions may enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
1.15 No waiver of any of these Terms and Conditions shall be valid unless provided in writing by us.
1.16 Except as set out in this clause 1.16, the express provisions of these Terms and Conditions are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law. The Boots Companies may on reasonable notice to you specify additional issue further instructions in relation to the Affiliate Programme (“Guidelines”). You must comply with any Guidelines issued by the Boots Companies. If there is any inconsistency or conflict between the provisions of any Guidelines and the provisions of these Terms and Conditions, the provisions of these Terms and Conditions shall prevail.
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